Simon vs HSBC

[yarowcabra]

Is anyone out there? Or have we all given up? Well, i have not!!

[pinkduchess]

hey simon!!

 

im still here if that counts lol

[Castlebest]

Hiya simon we are still here just a quiet week cuz of the bank holiday

 

Yes copy the aplication for removal of the stay, edit it for your claim and send it in, the cost is £35 without a hearing and £65 with a hearing and its totaly up to you which you use.

 

My thoughts are if you are good with people face to face the hearing option to argue your case is probably worth it.

 

Also have a look at post 197 on my thread,

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

I put this at the biginning of my application and I belive it chrystalises the in equalities our current situation and caries a very strong argument.

 

pete

[yarowcabra]

Hi folks. Well further to last I sent off the application for removal of stay (as amended) and to-day I have received from Scarborough County Court that a hearing will take place at the court on 7 December 2.00pm. Also, unless the defendant (HSBC) files an allocation questionnaire before 24/9/07, they will be 'debarred from further defending these proceedings.'

Wheew! Is this good news?

 

Going to have a look at Pete's link now..........

 

As always good people, thank you!

[pinkduchess]

looks good to me!

[Castlebest]

Thas Brilliant Simon !!! well done

 

pete

[yarowcabra]

But this a hearing to hear MY application to have stay set aside, no?

 

Anything I should read/go armed with for this particular application? Surely not the whole bundle???

[Castlebest]

to-day I have received from Scarborough County Court that a hearing will take place at the court on 7 December 2.00pm.

Yes I think this is a hearing for your stay application but

Also, unless the defendant (HSBC) files an allocation questionnaire before 24/9/07, they will be 'debarred from further defending these proceedings.'

This isnt !!!!

 

The Judge is telling DG to get there act in gear and stop messing about or he will award judgement to you.

 

 

pete

[Castlebest]

Simon another thread for you to read, its a Lloyds one but it has a lot of useful tips in it especialy as your Judge seems like hes in the mood to strike out DG's defence.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/109444-hadyanth-lloyds-tsb-court.html

 

Hady's court day is post #35 I think

 

pete

[yarowcabra]

Great! Onwards upwards!

[yarowcabra]

Well DG have sent me a wonderful letter full of gumph but in a nutshell says "we will be applying to the Court for an order to stay your application until resolution of the bank's proceedings with the OFT." Ummm...I thought my application was to lift the OFT for my case to be heard as it is unfair, infringes my human rights to a speedy hearing etc stc etc....

 

So, I am going to copy DG with a copy of my application along with (yes another!) copy of my POC and rounded off with something like " Your check for £1653.00, made payable to me, will bring an immediate end to these proceedings." or something like that.

Following up the suggested thread.

 

By the way, do I get a copy of DG's completed allocation questionnaire?????????

[Castlebest]

I would ignore DG's letter, its meaningless propaganda sent to unsettle people and even more so in your case because they obviously arn't even aware the stay has been placed.

 

Just check with the court if they submit their AQ and if not apply to have the defense struck out.

 

pete

[yarowcabra]

Thanks Pete! You just saved me the waste of a stamp....

 

Will do that.

 

S.

[yarowcabra]

Just checking here. As I understand it, I applied to the court to have the stay on hearings lifted for me. I don't quite see how DG come in here. If my application for the stay to be removed is successful, then would we not then be able to have the original claim heard without waiting for the OFT hearing? Maybe I'm blind stupid here but I miss the logic. Why would the court order DG to complete an AQ? Surely it would be the OFT to argue that the stay should not be lifted pending their case...........Suppose then that DG do not file their AQ by September 24; do I then say right your honour, can we please proceed to a hearing which will determine the banks' charges to be illegal/unlawful?

Sorry if I'm a bit thick.

[yarowcabra]

Well, tomorrow (4.00pm) is D-Day for DG to have returned their AQ to Court in Scarborough. (I will be telephoning Scarboro' CC at 4.01pm for confirmation!) If DG have not complied, the judge has said "they will be debarred from further defending these proceedings."

Supposing they do not comply with the AQ, and I ask for Judgement - Can I also ask Court to order DG that proceeds will be paid to me by check, payable to me and to no other?

The reason I ask is that I have an ongoing agreement with CCCS, who remit (among others) to Metropolitan Collection Services and the account is in good order.

I suspect that HSBC, owners of MCS, will try and pay directly to Metropolitan, the remaining balance to me. I am sure they sold my account to MCS - Therefore they are no longer owners of my A/C?

 

Any input appreciated. I have a feeling tomorrow is CRUUUNCCCHH time...(I hope!)

[freakyleaky]

I think they have the right to pay any returned money towards money owing to them. If you are up to date with your payments I would request with the courts that the payment is made directly to you in the form of a cheque. The worst that can happen is they will say no!

 

Keep us posted!

[yarowcabra]

Thanks Freaky! Will do. Still, will leave me with a useful handful of dosh. Thing is, I contacted CCCS, and their argument is that due to their agreement with MCS and others all funds to be dipersed on a pro-rata basis. Therefore proceeds should be paid to CCCS for fair disbursment as per MCS agreenent with CCCS. Does the plot thicken. Never mind, I shall just plead with court - In any event I will have won! (If!!???) When I get judgement in my favour.

 

Stand by for tomorrow afternoon for breaking news!

[yarowcabra]

DG have filed an AQ! So, hearing is set for December. Off for a holiday in sunny climes until 10th October. Shutting down 'till then.............

[jowalshy]

Have a wonderful holiday and don't forget to come back and fill us in on how things are going.

[Castlebest]

Have a great break Simon

 

pete

[yarowcabra]

Well back on the North Sea Riviera. The better half, who elected to forego the flesh spots of Al Haurin el Grande in favour of nappy changing her but next of kin in York, informs me that PO on strike. So no news -It occurs to me: Am I the only one who has applied for the stay to be lifted and a court hearing scheduled? Anyone else who has/is gone/going through this? Maybe this subject should be under a new thread?

[Castlebest]

Hiya simon and welcome back no your not alone there are a few of us, I was in court on Monday with my stay appeal and am waiting to hear what the judge has decided.

 

the postal strike is a pain but you could always phone your court to check the status of your claim

 

pete

[yarowcabra]

Pete! Great! What did you argue? documents? Any hints/help to prepare?

Yes...back to the grind. Of course there is always next year! (early!!!)

S

[Castlebest]

My court appearance is post #465 on my thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

any questions or if you want copies of anything just ask

 

pete

[yarowcabra]

Well, Iwould appreciate a copy your application for stay,(all confidential)- to compare mine!

amd pehaps a choice two or 3 statments that may have met the eye of the Judge, and anyother gems that you think useful and can spare. And, will all be kept ultra safelly for return to you - my sincere promise: any hints etc.. I know I'll have to wing it mself, but would like to know that my great thrust into HCS Judical System must be proffessionall as I can beprepared. My plan was to essentially read my letter of objection,(to the Court and DG) as all salient points assosiatedtherein. and then dish copies out to Court, DG. No?

Do you think perhaps approaching one of the 'court buddies, maybe worthhile? In any event people, my sincerest thanks for your time and trouble. Perhaps let us neet up in Barbados at wellknown rum Shop in Accr Beach!!! possibblity April 13th Sunday.2008 10.am. For medicinal purposes.

I cannot afford a barrister, so I'm afraid I is all down to Perry Mason here and the laudable Mrs Street. Thank You:oops: